City Council Minutes

2001–051 Special session, March 15, 2001, in the Council Chambers at 6:00 p.m.

The meeting was called to order by Mayor James Buck. The meeting was called at the request of Council Members De Witt and Petersen per sections 7.2 and 7.6 of the City Charter.

Present were Council Members Robert De Witt, Kenneth Gates, Steve Maas, Scott Petersen, Carole Pettijohn, Joe Sierawski and Mayor James Buck. Also present were City Manager Ken Krombeen, Assistant City Manager Dan Johnson, and City Attorney Randall Kraker

Other staff present:

Thomas Guinther, Treasurer/Finance Director

Sharon Streelman, City Clerk

BUSINESS: To discuss and vote on submitting the sale of Grandville Waste Water Treatment Plant to a vote of the registered electors of the City of Grandville to ratify or overturn City of Grandville Resolution No. 2490.

Moved by Council Member Petersen and seconded by Council Member De Witt, to submit Resolution No. 2490 to electoral approval.

Council Member Petersen presented the issues in support of the motion.

He stated that this issue is of critical importance to the City, the Wastewater Plant is a significant asset, and the decision made is irrevocable. He cited Section 14.5 of the City Charter where the City forefathers included the provision for the electoral approval of disposal of a publicly owned utility.

City Attorney Kraker referred to an earlier opinion offered relative to charter provision 14.5, stating that P.A. 233 of 1955 pre-empts the charter provision. He stated further, that Resolution No. 2490 will be published in the Advance Newspaper on March 20. The contract will be effective 45 days thereafter unless prior to that date a petition requesting a referendum is filed with the City Clerk signed by not less than 10% of the registered electors.

Attorney Kraker explained that if the motion passes, this will be placed as an advisory question on the ballot. There is no statute or authorization for this. An advisory question is not binding nor authorized.

Council Member Sierawski addressed the City Attorney’s costs relative to the petition language and related costs. Council Member Pettijohn stated she agreed with Council Member Sierawski and regrets voting in favor of using Attorney Kraker to draft the language for the petition. Council Member Maas stated this is critical and involves a City asset. If petitions are submitted, he would be pleased to have this placed on the ballot. Council Member Gates gave his support of the decision to enter into the contract with the Authority. Council Member Petersen reviewed past issues (I.T.P. and Let Local Votes Count) on the ballots for the Grandville electorate.

Mayor Buck concluded by stating that the mechanism provided in P.A. 233 is the best democratic process. Further, if there is interest out there, it will not be difficult to obtain the signatures. Council Member Maas asked Attorney Kraker if City Council is prevented from placing the question on the ballot. He responded confirming his July 2000 legal opinion and explained the legal concerns about placing an advisory question on the ballot.

Mayor Buck recognized Ken Bouma of 2808 Lee who spoke to issues of the past.

Mr. Bouma stated that the vote of the people has been an important part of the City of Grandville. He addressed the monetary worth of the Wastewater Plant, the amount to be returned to the people of Grandville, and future negotiations and/or contracts.

The City Attorney again addressed the mechanism provided in the statute to place the question on the ballot. City Manager Krombeen stated that it was irresponsible to make negative statements against a City employee.

2001-052 A vote on the motion was DEFEATED (Yes: De Witt and Petersen. No: Gates, Maas, Pettijohn, Sierawski, and Mayor Buck.

Council Member De Witt indicated that petitions would be circulated. Council Members Sierawski and Pettijohn stated their concerns about the inconsistencies in collecting charges from special interest groups. The direction to the City Manager is to draft a policy providing the mechanisms and/or perimeters to recover these costs in a consistent manner.

Moved by Council Member Sierawski and seconded by Council Member Pettijohn, CARRIED, to adjourn at 6:53 p.m.

Sharon Streelman, City Clerk

Approved by City Council:

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